There are no materials. A photocopy of a Ration Card, unsupported by any other material, does not even prima facie establish Shri Babuji Rawji Shah was adopted by Gangubai. A film carrying a message and depicting social circumstances of a group of underprivileged women is not impermissible. Nowhere has Shri Babuji Rawji Shah adverted to […]
Read more "Mafia Queens of Mumbai"Court notices, medical practitioners have a quasi-fiduciary relationship with their patients. A doctor’s prescription is considered final, even if cost of such medication is unaffordable or barely within economic reach – such is level of trust reposed. Therefore, it is a matter of great public importance and concern, when it is demonstrated, a doctor’s prescription […]
Read more "Freebies"Orchestra Bars are required to secure premises and performance licenses. Court is no stranger to controversies relating to prohibition and restriction in participation of women from performances in establishments in Maharashtra: State of Maharashtra v. Indian Hotel and Restaurant Association, (2013) 8 SCC 519 – Indian Hotel and Restaurant Association v. State of Maharashtra, (2015) […]
Read more "Morality of Orchestra Bars"My Lord, Was Resignation of Ms. X, on 15/07/2014, Voluntary? We are only examining, i) correctness of Order of Transfer, ii) rejection of ‘representations’ and iii) question as to whether ‘resignation’ could be construed to be voluntary or not. Ms. X tendered a ‘resignation’ on 15/07/2014, which was accepted by Government of Madhya Pradesh, Law […]
Read more "Involuntary Resignation"Supreme Court of India (SC) held in Deena v. UoI, (1983) 4 SCC 645, hanging by neck is scientific and least painful. SC has also held, only ‘rarest of rare’ issues, literally meaning rarest even in rare, allow passing of a death sentence. A punishment of death is imposed when life imprisonment is absolutely inadequate. […]
Read more "Mitigating Death Sentences"The question had been floating for a while. It was January 1, 2019 when I wondered who amongst then Chief Justices of HCs, if elevated, could be our 51st CJI. January 18, 2019 – we finally received an answer. CJI No. 51 would be Hon’ble Justice Sanjiv Khanna who wasn’t ever a Chief Justice of […]
Read more "The Nature of Judicial Power: Article No. 1101"Dibrugarh offered a simple, uncomplicated lifestyle and we grew up in a milieu with a consistent feel-good ambience. My greatest satisfaction as a Lawyer was, help I could render to my Father outside Court when he had faced a disqualification under Tenth Schedule in 1994. P.K. Goswami, Senior Advocate, represented my Father. Amitava Roy [Retired […]
Read more "Justice Ranjan Gogoi’s Justice"Court has propounded several tests for determining reasonableness for purpose of Article 19(1)(g). These have ranged from testing restrictions for arbitrariness [Dwarka, AIR 1954 SC 224; Shree Meenakshi Mills, AIR 1974 SC 366], excessiveness [Chintaman Rao, AIR 1951 SC 118] and discerning their objective of compliance with Directive Principles of State Policy [Saghir Ahmad, (1955) […]
Read more "Proportionality in Culture of Justification I"A dispute arose relating to recovery of 3648.80 grams of pure gold. Arbitration Clause was invoked. High Court appointed a Retired District Judge as Sole Arbitrator. Gyan Prakash Arya was directed, “return 3648.80 grams of pure gold within three months along with interest @18% per annum calculating value of gold at Rs. 740/- (Rupees Seven […]
Read more "Section 33 of The Arbitration Act / Arbitration of Gold"Greenstone Lobo has dedicated 91 Predictions, (Westland, 2021) to a ‘genius scientist’ who will restore Pluto’s dignity, honor and its rightful place as a Planet. The wish is to exhibit, astrology is a science and a subject worthy of attention, exploration, serious study and application. An excerpt. Everything comes in cycles. Indian an Western systems […]
Read more "91 Predictions"“If you want to keep a secret, you must also hide it from yourself.” - George Orwell, 1984. Orwellian concern. September, 2018 – Citizen Lab released software capabilities of a ‘spyware suite’ called Pegasus, produced by NSO Group. Historically, privacy rights have been ‘property centric’ rather than ‘people centric’. In 1604, in Semayne’s case, 77 […]
Read more "The Nature of Judicial Power: Pegasus"‘Judgment’ means a judicial opinion which tells the story of the case; what the case is about; how the Court is resolving the case and why. ‘Judgment’ should be coherent, systematic and logically organized. It should enable the reader to trace the fact to a logical conclusion on the basis of legal principles. Many times […]
Read more "Judgment"Recently, Hon’ble Justice Prathiba M. Singh of Delhi High Court in Sulphur Mills Limited v. Dharmaj Crop Guard Limited, [CS(COMM) 1225/2018 & CC(COMM) 9/2019] said, to argue on basis of submissions made before Commissioner of Customs, there is no novelty or inventive step in Indian Patent Number 282429, would lead to an anomalous situation and […]
Read more "Red Herrings"“The Strict Liability Rule under Common Law is a relic of the past and should not be given effect in the Indian context.” – Justice Mohan M. Shantanagoudar, Taj Mahal Hotel v. United India Insurance Co. Ltd., (2020) 2 SCC 224. _____ There is certainly a phantom thread concerning the Rule of Strict Liability and […]
Read more "Be Kind Rewind, Strict Liability"While we were still shooting for Batwara, I attended a dinner party hosted by the Maharani of Jaipur with a few other members of the cast. A few players from the West Indies Cricket Team were also on the guest list, including their Captain at that time, Vivian Richards. I have always been crazy about […]
Read more "Neena and Vivian"Devdutt Pattanaik, Marriage – 100 Stories, (Rupa, 2021) has stories on – I. Origin, II. Singledom, III. Wooing, IV. Fidelity, V. Multiplicity, VI. Children, VII. Property, VIII. Barriers, IX. Heartbreak and X. Coupledom. Agastya Finds a Source of Income Rishi Agastya had to repay his debt to Ancestors and so went to King of Vidarbha […]
Read more "Wooing and Marriage"Although for me the idea of going to Pakistan was an exciting one it was not at all something out of the ordinary for the people in our neighborhood. It was a bright day in November when I set off to get my Passport and Visa from the Pakistan High Commission. I was accosted by […]
Read more "Framed Terrorist"“What’s in a name?“, said Juliet. It conveys, natural characteristics of an individual are more important than his/her artificial/acquired characteristics. A poetic statement as it certainly is, it does not go in tune with significance of a ‘name’ in marking identity of an individual in his/her societal transactions. An individual must be in complete control […]
Read more "Names in CBSE Certificates"Iqbal Mohammed Memon alias Iqbal Mirchi was arrested in April 1995 and was discharged in September 1995 by Bow Street Magistrates’ Court [Magistrate Jeremy Connor]. The order was non-appealable. An extradition case dismissed before a proper trial shows an astonishing level of non-application of mind… Mirchi’s career, much like Dawood’s, started from tough and grimy […]
Read more "Extraditable Fugitives III"Danish Khan & Ruhi Khan, Escaped, (Penguin, 2021) is beautifully detailed. The number of facts cited must be appreciated. It doesn’t matter whether the story is on Vijay Mallya or successful extradition of Hansie Cronje times Sanjeev Chawla or forgotten excuses of Raymond Varley who brought Goa to disrepute. Each one will educate. Excerpt follows. […]
Read more "Extraditable Fugitives II"
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